In re the Claim of Cassetta

Appeal from a decision of the Hnemployment Insurance Appeal Board, affirming decisions of a referee holding that *794claimants, members of a “name band”, were employees of appellant. The orchestra leader and the musicians involved operated under a written contract with appellant, known as a “ Form B ” contract. A contract identical in terms was involved in Matter of Motels Statler Co. (Corsi) (279 App. Div. 814, motion for leave to appeal denied 279 App. Div. 957, motion for leave to appeal denied 304 1ST T. 987), and a finding that the hotel was the employer was upheld. The only difference…